By the authority vested in me as President by the Constitution and laws of the United States of America, it is ordered as follows:
Section 1. Policy. On July 8, 2022, following a Supreme Court decision to overturn Roe v. Wade, 410 US 113 (1973), I signed Executive Order 14076 (Protecting Access to Reproductive Health Care Services). As that order was recognized, eliminating the right recognized in deer has had and will continue to have devastating implications for women’s health and public health more broadly.
Following this order, the Department of Health and Human Services (HHS) has taken critical steps to address those effects. These steps include clarifying the obligation of hospitals and providers under the Emergency Medical Treatment and Labor Act, 42 USC 1395dd, to provide patients who present to an emergency department with stabilizing care for an emergency medical condition, including an abortion, if that care is necessary for him. stabilize their medical emergency and issue guidance to the Nation’s retail pharmacies on their obligations under federal civil rights laws – including section 504 of the Rehabilitation Act, 29 USC 794 and section 1557 of the Affordable Care Act, 42 USC 18116 – to ensure equal access to comprehensive reproductive and other health services, including for women experiencing abortion.
However, the continued advancement of restrictive abortion laws in states across the country has created legal uncertainty and disparate access to reproductive health care services depending on where a person lives, putting patients, providers and third parties in risk and causing confusion for hospitals and healthcare providers. , including pharmacies. There have been numerous reports of women being denied life-threatening emergency care as providers fearing legal retaliation delay necessary treatment for patients until their condition deteriorates to dangerous levels. There are also reports of women of childbearing age being denied prescription medication at pharmacies — including drugs used to treat stomach ulcers, lupus, arthritis and cancer — because of concerns that these medications, some of which could be used in drug abortions. can be used to terminate pregnancy. One health care provider reportedly even temporarily stopped providing emergency contraception, citing a state law restricting abortion.
As it remains my administration’s policy to support women’s access to reproductive health care services, including their ability to travel to seek abortion care in states where it is legal, I am directing my administration to take action to further to protect access to reproductive health care services and to address the crisis facing women’s health and public health more broadly.
Sec. 2. Definition. The term “reproductive health care services” means medical, surgical, counseling or referral services related to the human reproductive system, including services related to pregnancy or termination of pregnancy.
Sec. 3. Advancing the ability to receive reproductive health care services. In furtherance of the policy set forth in section 1 of this order, the Secretary of HHS shall consider actions to advance access to reproductive health care services, including, to the extent permitted by federal law, through Medicaid for patients traveling through state lines for medical care. .
Sec. 4. Promoting compliance with the Law against discrimination in receiving medical care. In furtherance of the policy set forth in section 1 of this order, and to ensure that individuals are not denied necessary health care based on any reason protected by federal law, including current pregnancy, past pregnancy, potential pregnancy or targeted, or other medical. Conditions, the Secretary of HHS will consider all appropriate actions to advance prompt understanding of and compliance with federal nondiscrimination laws by health care providers receiving federal financial assistance. Such actions may include:
(a) providing technical assistance to health care providers who have questions about their obligations under federal nondiscrimination laws;
(b) calling on health care providers to provide information on their obligations under federal nondiscrimination laws and the potential consequences of noncompliance; AND
(c) issuing additional guidance or taking other action as appropriate in response to any complaint or other report of noncompliance with federal nondiscrimination laws.
Sec. 5. Data collection. The Secretary of HHS will evaluate the adequacy of research, data collection, and data analysis and interpretation at the National Institutes of Health, the Centers for Disease Control and Prevention, and other relevant components of HHS in accurately measuring the effect of access to reproductive health care on maternal health outcomes and other health outcomes. Following this evaluation, the Secretary will take appropriate action to improve these efforts.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority vested by law in an executive department or agency, or its head; or
(ii) the functions of the Director of the Office of Management and Budget in relation to budgetary, administrative or legislative proposals.
(b) This order shall be implemented in accordance with applicable law and subject to the availability of budget appropriations.
(c) This order is not intended to, and does not create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees , or agents, or any other person.
JOSEPH R. BIDEN JR.
August 3, 2022.